특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six years of imprisonment) is too unreasonable.
2. Each of the instant offenses is likely to be subject to criticism by the Defendant, which took money of KRW 2 billion from the victims in excess of his/her ability to repay and intent to repay for a long time.
The victims except the victim H are punished for the defendant.
However, the defendants make a confession of all crimes and reflect their depth.
The victim H expressed the defendant's intention not to punish the defendant for the first time in the trial.
It seems that considerable amount of money has already been paid to victims under the pretext of repayment of principal and interest, and the actual amount of damage does not exceed the amount of fraud.
In addition, if the defendant's age, sex, environment, motive, means and result of the crime, various sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, are considered, the sentence of the court below is too unreasonable.
The defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including each of the victims L and M, and each of the victims) as to the crime, Article 347(1) and Article 34(1) of the Criminal Act (including each of the victims’ L and M), Article 347(1) of the Criminal Act, and Article 34(1) of the Criminal Act (including each of the victims’ K and Q, and the part of the victim K as to each of the victims’K), and Article 347 of the Criminal Act.